HomeMy WebLinkAboutResolution - 2009-R0352 - Contract - Huitt-Zollars - Citibus Master Plan Renovation And Expansion - 08/27/2009Resolution No. 2009-RO352
August 27, 2009
Item No. 5.14
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, Professional Services
Contract No. 9139 for A/E Services for Citibus Master Plan Renovation and Expansion
per RFQ 09 -066 -MA, by and between the City of Lubbock and Huitt-Zollars of Fort
Worth, Texas, and related documents. Said Contract is attached hereto and incorporated
in this resolution as if fully set forth herein and shall be included in the minutes of the
City Council.
Passed by the City Council this 27th
ATTEST:
Rebecc Garza, City Secretary
'ED AS TO CONTENT:
c -
1/t/ . C axe e
?
,orris, Assistant City Manager
tation and Public Works
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw/ccdocs/RES.P SC-Huitt-Zollars
August 14, 2009
day of August , 2009.
TO MARTIN, MAYOR
Hl IITT-AXL/IdZS
Resolution Pio. 2009--RO352
HUlrr-2CLLARS. INC. • 540 Wed 7thSL Mail Uni123 • Suite 300 • Fat Worth. TX 751024773 • 817.335,3000 phare . 817.429.1241 metro . B17.335.1025 fax • huid-xallms,00m
August 13, 2009
Marta Alvarez
Purchasing Manger
City of Lubbock.
Purchasing and Contract Management, Room 204
1625 13'b Street
Lubbock, TX 79401
Reference: RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
Dear Ms. Alvarez:
Huitt-Zollars, as Architect, appreciates the opportunity to submit our proposal to provide Programming
and Master Planning services for the CITIBUS Facility and Operations. We understand this may include
renovation and expansion of the existing facility, as well as considerations regarding use of land adjacent
to the current site. We also understand our efforts will include review of potential future service needs for
CITIBUS operations.
The two primary goals of this effort are to establish a vision for the long term future of the CITIBUS site
and to establish a budget for this plan. We anticipate the Master Plan will include recommendations for
phasing any recommended changes.
We believe there are two major tasks to accomplish these goals. The first is Program Confirmation and
the second is Site Master Plan and Conceptual Design. These were included in our qualifications and are
the basis of this proposal.
PROJECT APPROACH
The Architect anticipates utilizing the following Project Approach for the Planning, Design, Construction
Administration, and Construction Management. We feel that, while this approach delineates a detailed
description of what we anticipate the requirements will be for this project, a final Scope of Work will be
developed with direct input from the CITIBUS staff to verify our Architect meets both the overall project
goals and the individual goals of the staff.
Key to this approach is to gain an understanding of the operational needs for maintenance, fueling,
operations, and administrative activities.
Many times the process by which a project is realized is as important as the project product. In the desire
to provide a Master Plan for the Client's facilities, it is essential for the Architect to work closely with not
only the Client's leadership staff, but also with the primary users who will "live" in the facilities for the
next 20-30 years. The best approach is to develop an environment of participation while the work is going
on, allowing active Client and user participation during the actual creation of the design.
RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
Huitt-Zollars and its Architect believe this approach creates a successful and truly responsive design. The
staff impacted are invited into the project and given the opportunity to affect planning as it happens. In
this way, the Client and users "buy -in" to the planning process, given that a part of the projection is
actually theirs.
Our process to achieve this important goal is defined in Task 1 and 2 below. At the completion of these
two tasks, proposals will be prepared to provide design services to implement the results of this study.
Task 1 —Program Confirmation
The Architect will review and evaluate the functional requirements for input into the design process to
ensure the facilities address the needs of CITIBUS.
1.1 Programming Questionnaire Development/Preliminary Data Collection
The first sub -task in the Program Confirmation effort is to develop a tailored and comprehensive
survey instrument or interview questionnaire to be used during the program confirmation session
with CITIBUS staff, and stakeholders. During subsequent onsite program confirmation
interviews, the Architect will review the previously developed program documents and space
needs programs, and the completed program surveys. From this information and the data
collected during the staff interviews and tours the Architect will confirm and document the
requirements for the proposed buildings and campus improvements. These program confirmation
questionnaires will be distributed with detailed instruction to facilitate the best possible response
from the CITIBUS staff and stakeholders.
Data on the CITIBUS vehicles or equipment being operated and maintained will be assembled
based upon information provided to the Architect by CITIBUS. Data to be included in the
Vehicle/Equipment inventory are type, dimensions, weights, quantities, and operating
characteristics.
1.2 Kick -Off Meeting and Site Tours
The Architect will begin the on-site portion of the programming effort with a project
orientation/kick-off meeting and tours of the existing facilities and the proposed site(s) for the
new facilities. During this kick-off meeting we will explain our teams interactive and unique
programming and design approach and process. Also during this meeting we will identify ways
in which each person can participate most effectively. Tours will be conducted of the existing
maintenance and operations facilities. The purpose of the initial tour is to provide the Architect an
opportunity to gain a general understanding of the operational characteristics and physical
condition of current maintenance and operations procedures.
Visits to existing transit operations are recommended to allow the CITIBUS staff to gain an
understanding of operational and equipment options available to be included in the design. The
Architect can provide an extensive list of facilities, both locally and regionally, that were
designed and completed by the team.
1.3 Existing Operations Assessment
As deemed appropriate, the Architect will perform an assessment of maintenance and operations
at the existing facilities to evaluate current procedures and concerns as well as its requirements
for the new facility. During the programming interviews with the garage managers and facilities
staff, additional information on the operational schedules and maintenance -related issues for each
Page 2 of 12.
RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
of the existing shops will be collected for comparative analysis. Any information available from
prior assessments will be reviewed as they provide a chronological history on the operation and
maintenance of the facilities. The Architect will also review the current standards for vehicle
washing, vehicle lifts, overhead cranes, and other major equipment to determine which, if any, of
these systems are to be included in the facility.
1.4 Identify and Interview Key Staff
The Architect will work with CITIBUS to identify each of the designated staff to be interviewed
and those to participate as members of the Staff Review Committee. Persons to be interviewed
should include the Managers, Superintendents, Supervisors, Crew Leaders, Warehousing and
Purchasing staff, and other designated staff responsible for a particular area of the operations.
Typically, these interviews focus on confirming the number of employees, vehicles and storage
equipment, the type of work each person performs, storage requirements, function and
responsibilities of each department with which there is significant interface. Specific information
to be gathered and discussed during the onsite program confirmation interviews will include, but
not be limited to:
• Review current staffing plans
• Review vehicle/equipment maintenance needs
• Review existing purchasing and stores policies, procedures, and techniques
• Review site and building security requirements including fare collection
• Review staff support space needs including shower and locker areas, break rooms, vending,
etc.
• Review dispatch requirements
• Review training needs
• Review current and projected staffing for administration
• Review frequency of vendors and other visitors to administration and other areas
• Review conference room needs
• Determine number and size of various workstations
• Determine parking requirements for vehicles, employee vehicles, visitor vehicles, and
delivery vehicles
1.5 Inventory Existing Facilities
As part of the program confirmation effort, the Architect will determine how much space the
existing facility area is currently utilizing. This provides the Architect and the Owner or Owner's
representative with comparative programming data to ensure a Comprehensive Program
confirmation effort. The inventory will document the spaces by functional area.
1.6 Analyze Growth Data
The Architect will analyze the growth and functional deficiency data provided by CITIBUS and
will make space projections for a new facility based upon this data for maintenance, staging,
vehicle storage, servicing, operations administration, workflow, office interactions dispatching,
drivers' lounge, and other issues.
L7 Prepare Confirmed Space Needs Program
Based upon the information compiled through the program confirmation process, the
programming questionnaires, facility tours, interview meetings, and space utilization inventories,
Page 3 of 12
RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
the Architect will prepare a confirmed design level Space Needs Program. Space allocation
projections will be prepared for:
Interior spaces (offices, shops, maintenance, material storage, equipment storage, bus
parking, etc.)
Exterior spaces (employee parking, visitor parking, material storage)
Total site area requirements
The resulting Preliminary Design Criteria Report (which will be the Basis of Design) will include
a narrative description of all functional areas and operations, staff and vehicle projections, and the
Space Needs Program.
1.8 Functional Flow Diagrams
Functional relationship diagrams for areas within the new facility and site circulation flow
diagrams will be prepared depicting on-site movement of vehicles and materials. The site
circulation and flow will be studied at all phases of operation. The diagrams will be used as a
basis for site and concept building planning efforts.
Deliverables:
• Preliminary Design Criteria Report ( includes the confirmed design level Space Needs
Program)
Task 2 — Site Master Plan and Conceptual Building Design
The Site Master Plan and Conceptual Building Design Task verifies the functional, proximity and
circulation relationships are appropriately addressed. This task includes site and building planning, master
planning, phasing planning, estimates, and budgeting.
2.1 Alternative Site Master Plans and Building Conceptual Plans
The Architect will begin to identify potential site plan alternatives to meet the requirements
established in the previous task, if required. In addition, the team will begin to develop
conceptual level building plans for each structure. This effort is performed during a 5 day onsite
Master Planning and Design charrette working directly with the CITIBUS staff and stakeholders
to develop alternative concepts for site configuration and general building design. Each day of the
charrette, the CITIBUS staff will review alternatives during a facilitated review session. Based on
review comments, selected alternatives will be refined and presented for additional review. A
final review session will result in a selected Site Master Plan and Conceptual Building Plans. The
Architect will use the selected concepts to develop an initial cost estimate for the project.
2.2 Site
During the charrette the Architect will identify the best possible operational circulation patterns
for vehicles, materials and personnel that will provide the most efficient, cost effective, and safest
maintenance operation. The Architect will include administration, operations, and maintenance
facility, employee, delivery, and visitor parking areas in this planning process.
2.3 Facilities
Using the detailed program data, functional relationship diagrams, and input from the CITIBUS
staff, the Architect will establish functional area relationships within departments and between
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RFQ # 09 -066 -MA AlE Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
workstations. Primary considerations to be industrial work flow, supervision and safety, and
review architectural design for functional response to program and adherence to approved
concept plans.
2.4 Design Criteria
A comprehensive and detailed Design Criteria is the single most valuable design coordination
tool available to the Architect during preliminary design efforts. Our team will use our vast
understanding of transit operations and maintenance facility design to develop a design criteria
document for use by the entire Architect and the CITIBUS staff to understand the functional,
operational, and technical considerations for the project. This will ensure that the Architect is
fully prepared to address any issues during planning and design of the new facility. The Design
Criteria will identify preliminary functional requirements for building systems including
architectural, structural, mechanical, electrical, and plumbing such as:
• Establish clearance requirements throughout the project
Functional areas and equipment to be included on an emergency power generating system
Lighting levels and type of lighting for all exterior areas
* Lighting levels and type of lighting for all interior areas including administration and
maintenance building
• Ventilation requirements for each functional area including repair bays, maintenance shops,
welding, battery, steam clean areas, and any lower level work areas
2.5 Sustainable Design
Sustainability Design features will be identified during the workshops. If CITIBUS desires to
pursue formal recognitions of sustainable efforts, Huitt-Zollars will recommend potential
certification options under the LEED templates, within the US Green Building Council
guidelines. The LEED process recommends an integrated design approach that brings all the
design disciplines together with the Client team stakeholders at the very beginning of the design
process to identify the sustainable approach that will be used for the project. The Architect will
review sustainable design on the last day of the concept design charrette and complete the LEED
Project Scorecard. During this process it will be determined if LEED certification is desired.
Through this integrated design approach, a sustainable goal can be established that targets
maximizing long term energy and operational savings, as well as improved personnel spaces and
environmentally sensitive materials selection, with minimal initial capital cost impact.
2.6 Security Plan/Analysis
The Architect will prepare a narrative security analysis that relies upon active and passive
security systems to provide protection for the facilities and personnel using the facilities,
including perimeter fencing, gates, and camera locations. In addition, fuel management security
will also be addressed, including the potential to integrate the fuel management with the facility
security.
2.7 Estimating and Budgeting
The Architect will prepare cost estimates for each element required by the Site Master Plan and
assist CITIBUS in developing a Project Budget inclusive of design and engineering fees, permit
costs, construction management fees, and infrastructure improvements. The Architect includes a
professional cost estimating firm, Apex Cost Consultants, who has been consistently effective in
guiding cost management on similar projects. In addition, the Architect can, if appropriate, work
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RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
with local contractors with significant experience in the local construction market to back check
unit material and labor costs and to provide detailed constructability reviews.
Deliverables:
+ Preliminary Engineering Documents
Selected Site Master Plan
Vehicle Circulation Routes On and Offsite
Conceptual Building Floor Plans
Preliminary Phasing Plan
Vehicular Parking and Staging Plans
- Landscape Plan
Initial Security Plan
+ Preliminary Building Code Analysis
• Sustainable Design Recommendations
• Preliminary Project Schedule
• Preliminary Project Cost Estimate
• Up -dated Design Criteria Report
During these tasks, the revised staffing and vehicle count mentioned earlier will be the target goal
for the program and Master Plan within the available site. During this time if it becomes apparent
that the total staff and vehicle count as noted cannot be placed on the site with operational staging
(parking, fueling/wash) and sufficient circulation, plus employee parking, the program and
Master Plan effort will provide options to maximize the usage of the site. This effort is to provide
CITIBUS with an efficient and functional program to address future build -out of the entire site
and operation.
At this time no services for survey, environmental investigation, geotechnical investigation or
additional studies that may be required for design and construction are included. These items will
be identified as potential requirements, in addition to the conceptual design construction cost
estimates. Information for the existing site will be based on available information provided by
the City, CITIBUS, or other public records.
Our total lump sum proposal is $70,000. This includes all professional services and expenses
associated with the effort. This project will be billed monthly, on percentage of completion basis.
Our proposal is based upon the scope of services, compensation, schedule, terms and conditions,
and attachments contained herein.
Additional services, if they become necessary, will be proposed for approval and acceptance prior
to any work effort.
SCHEDULE
We understand this proposal is schedule for City approval on August 27, 2009. We anticipate the total
duration for all services to be approximately 60 days from Notice To Proceed. Upon acceptance and
authorization from the City, we will prepare a detailed schedule for all meetings and activities including
CITIBUS personnel and the Huitt-Zollars team.
Page 6 of 12
RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
INSURANCE REQUIREMENTS
General Liability:
Architect's commercial insurance shall contain broad form contractual liability with a combined
single limit of a minimum of $500,000 each occurrence and in the general aggregate and shall include
the following:
• Broad Form Contractual Liability
• Personal Injury and Advertising Injury
• Products-Comp/Op AGG
General Liability must be endorsed to include the City of Lubbock names as Additional Insured on
a primary and Non -Contributory basis.
Professional Liability:
Architect's insurance shall contain Professional Liability with a combined single limit of a minimum
of $1,000,000 each occurrence and in the aggregate.
Business Automobile Liability:
Architect's insurance shall contain a combined single limit of at least $300,000 per occurrence, and
include coverage for but not limited to the following:
• Bodily injury and property damage
• Any and all vehicles owned, used or hired
Workers' Compensation and Employers Liability Insurance:
Architect's shall elect to obtain workers' compensation coverage pursuant to Section 406.002 of the
Texas Labor Code. Further, Architect shall maintain said coverage throughout the term of the
contract and shall comply with all provision of Title 5 of the Texas Labor Code to ensure that the
Architect maintains said coverage. Any termination of workers' compensation insurance coverage by
Architect or any cancellation or non -renewal of workers' compensation insurance coverage for the
Architect shall be a material breach of the contract. The Architect may maintain Occupational
Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must
be endorsed to include a waiver of subrogation in favor of the City of Lubbock.
Architect's Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit,
and $500,000 by disease each employee shall also be obtained and maintained throughout the term of
the contract.
Other Insurance Requirements:
Architect's general liability and auto liability insurance policies through policy endorsement must
include wording, which states that the policy shall be primary and non-contributory with respect to
any insurance carried by City of Lubbock. The certificate of insurance described below must reflect
that the above wording is included in evidenced policies. All policies must be endorsed to include a
waiver of subrogation in favor of the City of Lubbock.
Our insurance certificates are attached.
Page 7 of 12
RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
TERMS & CONDITIONS
Following are the Terms and Conditions that will apply to this Agreement:
L AUTHORIZATION FOR WORK TO PROCEED
Signing of this Agreement for services shall be authorization by the Client for Huitt-Zollars, Inc. to
proceed with the work.
2. OPINION OF PROBABLE CONSTRUCTION COSTS
Construction cost estimates provided by Huitt-Zollars are prepared from experience and judgment.
Huitt-Zollars has no control over market conditions or construction procedures and does not warrant
that proposals, bids, or actual construction costs will not vary from Huitt Zollars estimates.
3. STANDARD OF CARE
Services performed by Huitt-Zollars under this Agreement will be conducted in a manner consistent
with that level of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality under similar conditions. No other representation, expressed or implied, warranty
and/or guarantee are included or intended in this Agreement, or in any report, opinion, document or
otherwise.
4. TAXES
All taxes, including but not limited to gross receipts tax, sales tax, etc., required to be paid will be
billed to the Client in addition to fees.
5. BILLING AND PAYMENT
The Client, recognizing that timely payment is a material part of the consideration of this Agreement,
shall pay Huitt-Zollars for services performed in accordance with the rates and charges set forth herein.
Invoices will be submitted by Huitt-Zollars on a monthly basis and shall be due and payable within
thirty (30) calendar days of invoice date. If the Client objects to all or any portion of an invoice, the
Client shall so notify Huitt-Zollars in writing within ten (10) calendar days of receipt of the invoice in
question, but will pay, when due, that portion of the invoice not in dispute.
The Client shall pay an additional charge of one -and -one-half percent (1.5%) (or the maximum
percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment
received by Huitt-Zollars more than thirty (30) calendar days from date of the invoice, excepting any
portion of the invoiced amount in dispute and resolved in favor of Client. Payment thereafter shall first
be applied to accrued interest and then to the principal unpaid amount.
If Client, for any reason, fails to pay an invoice or the undisputed portion of a Huitt-Zollars invoice
within sixty (60) calendar days of invoice date, Huitt-Zollars will notify the Client by registered mail
that Huitt-Zollars shall cease work on the project in ten (10) calendar days if the invoice in question is
not paid. In this case, the Client shall waive any claim against Huitt-Zollars, and shall defend and
indemnify Huitt-Zollars from and against any claims for injury or loss stemming from Huitt-Zollars"
cessation of service. Client shall also pay Huitt-Zollars the cost associated with premature project
demobilization. In the event the project is remobilized, Client shall also pay the cost of remobilization,
and shall renegotiate appropriate contract terms and conditions, such as those associated with budget,
schedule or scope of service.
Page 8 of 12
RFQ # 09 -066 -MA AfE Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
In the event any invoice or portion thereof is disputed by Client, Client shall notify Huitt-Zollars within
ten (10) calendar days of receipt of the bill in question, and Client and Huitt-Zollars shall work together
to resolve the matter within forty-five (45) days of its being called to Huitt-Zollars attention. If
resolution of the matter is not attained within forty-five (45) calendar days, either party may terminate
this Agreement.
6. CONSEQUENTIAL DAMAGES
Not used.
7. TERMINATION
In the event termination becomes necessary, the party (Client or Huitt-Zollars) effecting termination
shall so notify the other party, and termination will become effective fourteen (14) calendar days after
receipt of the termination notice. Irrespective of which party shall effect termination or the cause of
termination, the Client shall within thirty (30) calendar days of termination remunerate Huitt-Zollars
for services rendered and costs incurred up to the effective time of termination, in accordance with
Huitt-Zollars' prevailing Fee Schedule and Expense Reimbursement Policy.
8. ADDITIONAL SERVICES
Any services beyond those specified herein will be provided for separately under a mutually agreed
upon Scope of Services, Budget and Schedule and an additional written authorization from the Client.
9. GOVERNING LAW
The laws of the State of Texas will govern the validity of this AGEEivIENT, its interpretation and
performance. Any litigation arising in any way from this Agreement shall be brought to the courts of
that State.
10. HAZARDOUS MATERIALS SUSPENSION OF SERVICES
Both parties acknowledge that Huitt-Zollars's scope of services does not include any services related to
the presence of any hazardous or toxic materials. In the event Huitt-Zollars or any other party
encounters any hazardous or toxic materials, or should it become known to Huitt-Zollars that such
materials may be present on or about the jobsite or any adjacent areas that may affect the performance
of Huitt-Zollars' services, Huitt-Zollars may, at its sole option and without liability for consequential
or any other damages, suspend performance of its services under this Agreement until the Client retains
appropriate consultants or contractors to identify and abate or remove the hazardous or toxic materials
and warrants that the jobsite is in full compliance with all applicable laws and regulations.
11. CONSTRUCTION OBSERVATION
If Construction Phase Services are part of this Agreement, Huitt-Zollars shall visit the site at intervals
agreed to in writing by the Client and Huitt-Zollars, in order to observe the progress and quality of the
Work completed by the Contractor. Such visits and observation are not intended to be an exhaustive
check or a detailed inspection of the Contractor's work but rather are to allow Huitt-Zollars to become
generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in
accordance with the Contract Documents.
Based on this general observation, Huitt-Zollars shall keep the Client informed about the progress of
the Work and shall endeavor to guard the Client against deficiencies in the Work.
Page 9 of 12
RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
If the Client desires more extensive project observation or fulltime project representation, the Client
shall request that such services be provided by Huitt-Zollars as Additional Services in accordance with
the terms of this Agreement.
Huitt-Zollars shall not supervise, direct or have control over the Contractor's work nor have any
responsibility for the construction means, methods, techniques, sequences or procedures selected by the
Contractor nor for the Contractor's safety precautions or programs in connection with the Work. These
rights and responsibilities arc solely those of the Contractor in accordance with the Contract
Documents.
Huitt-Zollars shall not be responsible for any acts or omissions of the Contractor, subcontractor, any
entity performing any portions of the Work, or any agents or employees of any of them. Huitt-Zollars
does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's
failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes,
rules or regulations.
12. JOBSITE SAFETY
Neither the professional activities of Huitt-Zollars, nor the presence of Huitt-Zollars or its employees
and subconsultants at a construction/project site, shall relieve the Contractor of its obligations, duties
and responsibilities including, but not limited to, construction means, methods, sequence, techniques or
procedures necessary for performing, superintending and coordinating the Work in accordance with the
contract documents and any health or safety precautions required by any regulatory agencies. Huitt-
Zollars and its personnel have no authority to exercise any control over any construction contractor or
its employees in connection with their work or any health or safety programs or procedures. The Client
agrees that the Contractor shall be solely responsible for jobsite safety, and warrants that this intent
shall be carried out in the Client's contract with the Contractor.
The Client also agrees that the Client, Huitt-Zollars and Huitt-Zollars' subconsultants shall be
indemnified by the Contractor and shall be made additional insureds under the Contractor's policies of
general liability insurance. The Client shall furnish to Huitt-Zollars certificates of insurance from the
Contractor evidencing the required coverage specified above. The certificates shall include a
provision that Huitt-Zollars shall receive thirty (30) days minimum written notification in the event
of cancellation, non -renewal or material change of coverage.
13. OWNERSHIP OF INSTRUMENTS OF SERVICE
All reports, drawings, specifications, computer files, field data, notes and other documents and
instruments prepared by Huitt-Zollars are instruments of service and shall remain the property of Huitt-
Zollars. Huitt-Zollars shall retain all common law, statutory and other reserved rights, including the
copyright thereto.
14. SEVERABILITY
Any term or provision of this Agreement found to be invalid under any applicable statute or rule of law
shall be deemed omitted and the remainder of this Agreement shall remain in full force and effect.
15. INDEMNIFICATION
Architect shall indemnify and hold City and City's elected officials, officers, agents, employees, and
independent contractor's harmless, to the fullest extent permitted by law, from and against any and all
claims, demands, damages, costs, liabilities, and expenses, including reasonable attorney's fees, as a
result of, related to, or arising from Architect's use or occupation of City owned lands, and/or any
Page 10 of 12
RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
matter to the extent related to Architect's activities, negligent professional performances or omissions,
or operations under this agreement. The indemnity provided herein shall survive the expiration or
termination of this agreement.
16. LIMITATION OF LIABILITY
Not used.
Sincerely,
HUITT-ZOLLARS, INC.
Charles T. Aidredge, P.E., LEED AP
Project ManagerNice President
�+^" /
R anne L. Pillar, P.E., LEED AP
Office Manager/Vice President
Page I 1 of 12
RFQ # 09 -066 -MA A/E Services For the Development of a Master Plan
For Renovation and Expansion of CITIBUS
Proposal for Professional Architectural and Engineering Services
August 13, 2009
AUTHORIZATION:
Should this proposal meet with your approval and acceptance, please sign and return to our office by
facsimile at 817-335-1025 or mail. We will schedule the above services as soon as we receive your
authorization. If you have any questions, please call.
CITY OF LUBBOCK
TOM MARTIN, MAYOR
C-�ry
Reber a Garza
City Secretary
APPROVED AS TO CONTENT:
/�. C�� 211- "
Jarngs Loomis, Transportation and Public Works
Assi tance City Manager
APPRO AS T FORM:
Assistant City Attorney
cc: Jim Congdon/HZ
Attachment
HUITT-ZOLLARS, INC.
irA 000J.-
R6XANNE L. PILLAR, VICE PRESIDENT
Page 12 of 12